
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC300h-4]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
             SUBCHAPTER XII--SAFETY OF PUBLIC WATER SYSTEMS
 
       Part C--Protection of Underground Sources of Drinking Water
 
Sec. 300h-4. Optional demonstration by States relating to oil or 
        natural gas
        

(a) Approval of State underground injection control program; alternative 
        showing of effectiveness of program by State

    For purposes of the Administrator's approval or disapproval under 
section 300h-1 of this title of that portion of any State underground 
injection control program which relates to--
        (1) the underground injection of brine or other fluids which are 
    brought to the surface in connection with oil or natural gas 
    production or natural gas storage operations, or
        (2) any underground injection for the secondary or tertiary 
    recovery of oil or natural gas,

in lieu of the showing required under subparagraph (A) of section 300h-
1(b)(1) of this title the State may demonstrate that such portion of the 
State program meets the requirements of subparagraphs (A) through (D) of 
section 300h(b)(1) of this title and represents an effective program 
(including adequate recordkeeping and reporting) to prevent underground 
injection which endangers drinking water sources.

(b) Revision or amendment of requirements of regulation; showing of 
        effectiveness of program by State

    If the Administrator revises or amends any requirement of a 
regulation under section 300h of this title relating to any aspect of 
the underground injection referred to in subsection (a) of this section, 
in the case of that portion of a State underground injection control 
program for which the demonstration referred to in subsection (a) of 
this section has been made, in lieu of the showing required under 
section 300h-1(b)(1)(B) of this title the State may demonstrate that, 
with respect to that aspect of such underground injection, the State 
program meets the requirements of subparagraphs (A) through (D) of 
section 300h(b)(1) of this title and represents an effective program 
(including adequate recordkeeping and reporting) to prevent underground 
injection which endangers drinking water sources.

(c) Primary enforcement responsibility of State; voiding by 
        Administrator under duly promulgated rule

    (1) Section 300h-1(b)(3) of this title shall not apply to that 
portion of any State underground injection control program approved by 
the Administrator pursuant to a demonstration under subsection (a) of 
this section (and under subsection (b) of this section where 
applicable).
    (2) If pursuant to such a demonstration, the Administrator approves 
such portion of the State program, the State shall have primary 
enforcement responsibility with respect to that portion until such time 
as the Administrator determines, by rule, that such demonstration is no 
longer valid. Following such a determination, the Administrator may 
exercise the authority of subsection (c) of section 300h-1 of this title 
in the same manner as provided in such subsection with respect to a 
determination described in such subsection.
    (3) Before promulgating any rule under paragraph (2), the 
Administrator shall provide opportunity for public hearing respecting 
such rule.

(July 1, 1944, ch. 373, title XIV, Sec. 1425, as added Pub. L. 96-502, 
Sec. 2(a), Dec. 5, 1980, 94 Stat. 2737; amended Pub. L. 99-339, title 
II, Sec. 201(a), June 19, 1986, 100 Stat. 653.)


                               Amendments

    1986--Subsec. (a)(1). Pub. L. 99-339 inserted ``or natural gas 
storage operations, or'' after ``production''.

                  Section Referred to in Other Sections

    This section is referred to in sections 300h-2, 300j-2 of this 
title.
